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WEST VIRGINIA HIGHLANDS CONSERVANCY v. NORTON

No. CIV.A. 2:00-1062.

137 F.Supp.2d 687 (2001)

THE WEST VIRGINIA HIGHLANDS CONSERVANCY, Plaintiff, v. Gale A. NORTON, Secretary of the Department of the Interior; Glenda Owens, Acting Director of the Office of Surface Mining; and Michael O. Callaghan, Director, West Virginia Division of Environmental Protection, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

April 5, 2001.

Attorney(s) appearing for the Case

Patrick C. McGinley, Morgantown, WV, James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, Suzanne M. Weise, Morgantown, WV, Joseph M. Lovett, Charleston, WV, for Plaintiffs.

Benjamin L. Bailey, Brian J. Glasser, Bailey & Glasser, Charleston, WV, for Defendant Michael O. Callaghan, Director, West Virginia Division of Environmental Protection.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the motion of Defendant Director, West Virginia Division of Environmental Protection (DEP, the State Defendant) to dismiss this action because, inter alia, it is barred by the Eleventh Amendment of the United States Constitution.2 The motion is DENIED.

I. FACTUAL AND PROCEDURAL...

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